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TONY L. BY AND THROUGH SIMPSON v. CHILDERS

No. 94-5333.

71 F.3d 1182 (1995)

"TONY" L. and "Joey" L., (Minor children By and Through their next friend, Bruce SIMPSON), Plaintiffs-Appellants, v. Masten CHILDERS, II, in his official capacity as Secretary of the Cabinet for Human Resources; Cabinet For Human Resources, Department for Social Services, Commonwealth of Kentucky; Sally Bowzer, in her individual capacity; Unknown State Official I, in his or her individual capacity; Unknown State Official II, in his or her individual capacity, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided December 20, 1995.

Attorney(s) appearing for the Case

T. Bruce Simpson (argued and briefed), Anggelis, Gordon & Simpson, Lexington, KY, Joe F. Childers, Lexington, KY, for Tony L. and Joey L.

E. D. Klatte, Staff Atty. (argued and briefed), Office of the Counsel, Frankfort, KY, for Cabinet for Human Resources, Sally Bowzer, Unknown State Official I, Unknown State Official II and Masten Childers, II.

Before: NELSON, RYAN, and McKAY, Circuit Judges.

McKAY, Circuit Judge.

The Plaintiffs appeal the dismissal of their 42 U.S.C. § 1983 action on qualified immunity grounds. The facts as alleged by Plaintiffs are as follows. Tony and Joey L., brothers and plaintiffs in this action, experienced from an early age onward some of the most despicable acts of sexual and physical abuse imaginable. The mother and her various boyfriends were the main perpetrators of these acts.

The rank abuse and neglect of these...

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